HomeMy WebLinkAbout08-18511
Phelan, Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney for Plaintiff
One Penn Center A Suburban Station
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
U.S. Bank National Association, As Trustee For The
Structures Asset Securities Corporation Mortgage Loan Court of Common Pleas
Trust, 2006-NCI
3476 Stateview Blvd. Civil Division
Fort Mill, SC 29715
Cumberland County
V.
Term
David A. Wittle
Or Occupants
I. - X85
No. W
250 Reeser Road
Camp Hill, PA 17011
CIVIL ACTION - EJECTMENT
OA V i i ?irpx
**This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If
you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not
and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property.'
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action
within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed
in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important
to you.
You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone
the office set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be
able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no
fee.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(888)-990-9108
PHS #: 174913
1. Plaintiff is U.S. Bank National Association, As Trustee For The Structures Asset Securities Corporation
Mortgage Loan Trust, 2006-NCI.
2. Defendant is David A. Wittle Or Occupants.
3. Plaintiff is the record owner of premises located at 250 Reeser Road, Camp Hill, PA 17011, a legal
description of which is attached.
4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the
Sheriff of Cumberland County, on March 5, 2008, as evidenced by the Sheriff's deed recorded March
20, 2008 in the Office of the Recorder of Cumberland County in Instrument Number 200808324.
5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled to possession
thereof. The defendant is occupying the said premises without right and so far as the plaintiff is
informed, without claim of title.
6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to
deliver up possession of same.
WHEREFORE, plaintiff seeks to recover possession of said premises.
F ncis S. Hallinan, Esquire
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL that certain lot of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania,
bounded and described as follows;
Lots
BEGINNING at a point on the western line Of Relesers Road (50 feet ine of Lot No. 2, Block Eton the heremafter f mentioned Plan of y?
thence in a westerly direction along the southerly
one hundred sixty-two and fifteen one-hundredths minaes west, two hundred fifty-three and five-t nths (255) feet, more or
center of said private road, south OS degrees l5
less, to line of lands now or late of Robert W. Fish and A. Catherine Fish, his wife; thence along the latter line north 72
degrees 02 minutes east two hundred sixty-six (266) feet, more or less, to the easterly line of Reesers Road; thence along
the latter line in a northerly direction, by its various courses and distances one hundred eighty-five (185) feet, to the place
of BEGINNING.
BEING Lot No. 3 and the greater portion of Lot No. 4, Block E, on the Plan of Lots of St. John's Place, said plan being
recorded in Plan Book 5, Page 36, Cumberland County Records.
HAVING thereon erected a two story brick dwelling house with attached. garage (previously referred to as a one story in
prior deed), numbered 250 Reeser Road.
PROPERTY BEING: 250 REESER ROAD
VERIFICATION
Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is
authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to
the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in
interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or
an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs
sale. 1 am making this verification rather than a representative of the Plaintiff because I have personal knowledge
of the purchase of this property at sheriffs sale.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date rancis S. Hallinan, Esquire
Attorney for Plaintiff
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2008-01851 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
US BANK NATIONAL ASSOCIATION
VS
WITTLE DAVID A ET AL
YM.
Sheriff who being duly sworn
R. Thomas Kline
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT ,.to wit:
but was
WITTLE DAVID A
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
NOT SERVED , as to
WITTLE DAVID A
the within named DEFENDANT
250 REESER ROAD
CAMP HILL, PA 17011
HOUSE IS VACANT - NOTHING BUT JUNK IN THE HOUSE
SRL
Sheriff's Costs: So answers:
Docketing 18.00
Service 14.00
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
Postage -- 41 y??y ?e p,
42.41 ?
04/11/2008
Sworn and Subscribed to before me
this day of
A.D.
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esquire I.D. No. 32227
Francis S. Hallinan, Esquire I.D. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
U.S. Bank National Association, as Trustee
for the Structures Asset Securities Corporation
Mortgage Loan Trust, 2006-NCI
VS.
David A. Wittle
or occupants
Plaintiff
Defendant(s)
Attorney for Plaintiff
Court of Common Pleas
Cumberland County
No. 08-1851 Civil Term
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE,
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
Date
Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Daniel G. Schmieg, Esquire
Attorneys for Plaintiff
PHS # 174913
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